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Everything posted by sharkie

  1. It was brought up prior to the hearing with the solicitor acting on behalf of HL Interactive, who were acting on behalf of Santander. He was unable to get any answers as he didn't have any contact info, and his only contact at HL Interactive also had little or no info. He went into the hearing with 2 bits of paper, one of which we had given him (our proposal), therefore our solicitor suggested we concentrate on getting the repossession suspended.
  2. We were advised on the day to just concentrate on getting the repossession suspended, with an offer of a monthly payment plan for the arrears, which we did. I then got the FOS to investigate a number of problems with our mortgage including the balance, charges and interest. The response from the FOS regarding the actions of the mortgage provider, and whether they had acted responsibly was as usual pretty lame, however they did agree that there were a considerable number of charges and their associated interest that needed to be refunded. The mortgage provider also admitted that they had caused us undue stress and made a goodwill payment. Therefore, if the balance was incorrect the repossession order is also incorrect, also the account was clearly in dispute and that the lender had caused undue stress.
  3. I know that one of the rules that the lender must do is provide you with a statement of what you owe e.g. outstanding mortgage pus arrears prior to applying for repossession. Is the repossession hearing allowed to take place, and, or is its outcome valid if; It is proved that the account was in dispute over the balance claimed by the mortgage lender. It is also proved that the balance was incorrect. If so how hard is it to have a suspended repossession order set aside.
  4. Thanks Have to be a bit careful or it will be obvious who is who, but its basically a case of fraud. Letters reproduced and adjusted and submitted as evidence.
  5. Well I had my day in court, obviously they didn't attend. The judge was deeply disturbed regarding some of the evidence they had used. Case dissmissed. I think this has to be taken further.
  6. Now had a court date through. How far will they go into this. What is my next move.
  7. However, it could be that they will send a letter/Consent order suggesting that in order to save costs if you sign the order, then they will accept instalment payments. (However, they will include their costs to date in the order). Got that with scare tactic. N170 arrived, filled a few of these out for a company I worked for, but they always owed the money, so I am not 100% on what I should put, e.g. mediation not sure how this works in this case.
  8. I don't understand why they are continuing when the basis of their claim is faulty, are they expecting me to just roll over.
  9. Well slight problem apparently Cap One / Lowell want to continue with the court action.
  10. Sent off CPR request to Lowell, received a letter back from Bryan Carter stating they will not send anything out. Quote - It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.
  11. Bazooka Boo Didn't get anything from Bryan Carter, just got the summons with his name on it.
  12. Thanks CitizenB No PPI It was disputed with Capital One in March 2008, for penalty charges, plus they were unable to send a true copy of an agreement.
  13. Lowell Portfolio 1 Ltd RE: Lowell Financial Limited Registered Office Ellington House 9 Savannah Way Leeds LS10 1AB Date of issue 25th June 2014– top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) What is the claim for – the reason they have issued the claim? This claim is for 3252.19 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. This debt was assigned to / purchased by Lowell Portfolio 1 Ltd on 05/10/2009 and notice served pursuant to the law of property act 1925 Particulars Re: Capital One A/C No XXXXXXXXXXXXX And the Claimant Claims 3252.19 The claimant also claims interest pursuant to S69 county court act 1984 from 05/10/2009 to date at 8% per annum amounting to 818.77 What is the value of the claim? Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Amount claimed 4070.96 Court fee 185.00 Solicitors fee 80.00 Total amount 4335.96 Is the claim for a current or credit/loan account or mobile phone account? Old credit card account When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned / Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I received a letter in October 2009 and replied Did you receive a Default Notice from the original creditor? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No – Occasionally Lowell would send a threatening letter. Why did you cease payments:- I have never made any payments to Lowell or acknowledged the debt with them Was there a dispute with the original creditor that remains unresolved? They were unable to send me an agreement Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  14. Thanks for the reply. Proper court summons, County Court Business Centre, through Northampton. I put in a CCA request in March 2008 Had a look through my old letter file, although I haven’t dug out the letter from Lowell they must have written to me in October 2009 as I emailed, faxed and sent them the following letter. Dear Sir/Madame – Lowell Financial Ltd and all associated companies. I have just received an unlawful threatening letter from you dated 9th October 2009, received 14th October 2009, regarding a demand for payment on behalf of Capital One. The account number referred to, is and has been in dispute with Capital One due to failures with both the Data Protection Act 1998, and the Consumer Credit Act 1974. You will be aware that the transmission of data to others is an offence and the fact that you have contacted me will have to be reported to the appropriate authorities including the information commissioner. My telephone numbers are private and are not in the public domain, therefore if you attempt to contact me by phone I will have to assume that the Capital One have passed the number to your company, and would therefore another clear breach of the Data Protection Act. Please note, that any harassment by phone is also an offence and will be reported to the appropriate authorities. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with further complaints to the Information Commissioners Office. If it is your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Please therefore take note that, I revoke license under English Common Law for you, and, or any associated company of yours, or your representatives, to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. For information; Section 78 of the Consumer Credit Act 1974 demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the account referred to. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 18th March 2008, which I have evidence was received by Capital One. Upon receipt of the original request the specified account legally entered into disputed status. Whilst the dispute remains, they are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, they are not entitled to register any information on this account with any credit reference agencies (or any third party). As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means if you insist that what Capital One have provided is such an agreement, then I am confident that any legal action would be successfully defended, and as such unless Capital One can produce such an agreement, this alleged debt is not enforceable in law.
  15. I have had letters from Lowell chasing an old Capital One account for quite a few years which I have always ignored. I have had many threats of legal action from various associated companies of Lowell which I have also ignored, however on Saturday (28th June) I received a claimform prepared by Bryan Carter Solicitors on behalf of Lowell Portfolio Ltd. They are stating the debt was assigned / purchased on October 2009, and they are after the original claimed amount (by Capital One) plus interest dating back to October 2009. Could do with some help on this one.
  16. Sigma have bought loads of old debts, on the back of a large investment, now they have to make it pay. http://www.credittoday.co.uk/article/8715/online-news/sigma-financial-group-enters-debt-purchase
  17. Credit Security, Call-Serve, etc, the property in the picture is, or was the Priory Hotel, the so called "Old Court House" (not even sure if there ever was a court house in Whitchurch) is a converted garage behind that building, the other shops mentioned are actually in a separate building adjacent and to the right of the Priory Hotel. Letters are generaly poor & usually extreemly out of date, unlikely to get a reply. 0845 numbers are not free, never ring they will leave you hanging on. I think they are chancers I find an agressive but precise reply sends them away
  18. Well CL Finance/Lewis Group, dropped this one but I still made an addition to my FOS complaint to include them, that was in July 2008. I have received several letters from the FOS saying that they are dealing with my complaint, and that they would be back to me at various dates, non of which they did. Now out of the blue I got a call from an adjudicator to say that she had been assigned, and was now dealing with it. She wrote to me within three days and promptly asked for a reply within a week, bit of a cheek, its been a year. So maybe some movement.
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